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Item sold as ex-display, becomes faults 13 months later

Hi all, we are retailer and sold an ex-display shower enclosure to a customer in December 2012.

In January 2014 he reported a fault (peeling chrome work and a broken handle) to which we responded immediately. We sought advice from the manufacturer on a replacement but were informed that as we had sold it ex-display, this isn't covered in their guarantee.

I am wondering what we are obliged to do and where we might stand with our supplier (the manufacturer of the shower)?

The details:

Type of purchase - Ex-display
Date - Dec 2012

Many thanks in advance.

Comments

  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 April 2014 at 10:58AM
    The manufacturer is perfectly within their rights to state terms such as this within their guarantee as guarantees are not something that they legally have to offer.

    However, your buyer still has statutory rights with you under the SOGA and my opinion is that despite the enclosure being ex-display, the chrome plating should still last longer than 13 months.
    What sort of damage has occurred to the handle.

    As it's over 6 months from purchase, you do have the right to ask your buyer to prove that the faults are due to manufacturing defects and not down to user damage and depending on what did cause the faults, you have the option to repair, replace or refund (which could be a partial refund).

    What sort of figure are you talking about to replace the parts concerned?
  • deaquire
    deaquire Posts: 3 Newbie
    Sixth Anniversary Combo Breaker
    edited 9 April 2014 at 11:17AM
    Thank you for your reply :)

    Still awaiting prices from manufacturer.

    The handle broke off, it may have been misuse but that is repaired now so isn't an issue.

    I have since spoken to a rep. from an different enclosure company and it is his opinion, after showing images of deterioration, that the chrome is peeling because of incorrect cleaning agents.

    The manufacturer has offered ourselves extended terms to replace any products that need replacing, which we will of course offer to our customer. I'm just waiting to hear how much the parts will cost ourselves and the R.R.P. to general public.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Could you tell the manufacturer that you are not very happy with their response and threaten to stop buying their products.
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